Dear friends,
Supreme Court in its order dated 10.12.2013 (copy attached) has cleared air on common areas or community centres. It overruled the Punjab and Haryana High Court which had held that the apartment owners are entitled to undivided interest in common areas and facilities under Section 6 of the Haryana Apartment Ownership Act.
Supreme Court has held that the colonisers have the ownership and the flat owners have only a right to use. According to the judgment, nursery schools, shops and community centre could not be treated as common areas. “They are parts of planning for a larger area. It is not meant for the exclusive use of the flat owners. The position would have been different had these been integral parts of the facilities, in the sense that these facilities are essential for the enjoyment of the flats.”
Thanks
From India, Malappuram
1444Supreme Court in its order dated 10.12.2013 (copy attached) has cleared air on common areas or community centres. It overruled the Punjab and Haryana High Court which had held that the apartment owners are entitled to undivided interest in common areas and facilities under Section 6 of the Haryana Apartment Ownership Act.
Supreme Court has held that the colonisers have the ownership and the flat owners have only a right to use. According to the judgment, nursery schools, shops and community centre could not be treated as common areas. “They are parts of planning for a larger area. It is not meant for the exclusive use of the flat owners. The position would have been different had these been integral parts of the facilities, in the sense that these facilities are essential for the enjoyment of the flats.”
Thanks
From India, Malappuram
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